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42 Victoriae 1878 No 45 Railways Construction

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42 Victoriae 1878 No 45 Railways Construction NEW ZEALAND. QUADRAGESIMO SECUNDO VICTORI£ REGINJE. No. 45. • *****.****.* •• *••••••••••••••••••••••••••••••••••••••• *** ANALYSIS. Title. 7. Out of lands withdrawn from sale under" The 1. Short Title. Land Act, 1877," lands of special value may 2. Act to be deemed a special Act for the con­ be ~ct apart for sale, &c. struction of certain railways. Incorporation 8. Moneys to credit of Ellesmere and Forsyth of certain Parts of "'l'be Public V{orks Act, Reclamation and Akaroa Railway Trust 1876." Account transferrel! to Public Account. 3. Power to the Governor to enter into contracts 9. Proceeds of disposul of 50,000 acres mentionod for construction of I'llil ways. Proviso. iu E!1ld Act to be paid into PublIc A('count. 4. Governor may purchase Na.tive lands. 10. Proceed. of disposal of land iu Second Scbedule 5. Appropriatioll for cost, of railways. to be paid into Public Aeconnt. 6. Cost ot main line to Shag Point to be defrayed 11. ApplicntJon of moneys paid into Public Aecount by Shag Point Coal Company. as aforesaid. Schedules. AN. ACT to provide for the Construction and Extension Title. of Railways. [2nd Nuvember, 1878.J E IT ENACTED by the General Assembly of New Zealand in B Parliament assembled, and by the authority of the same, as follows :- 1. The Short Title of this Act shall be "The Railways Con­ Short Title. struction Act, 1878." 2. This Act shall be deemed to be a special Act authorizing the Act to be deemed a special Act for the construction or extension of all or any of the railways mentioned in the construction of First Schedule hereto, and any rail way constructed under this Act shall certain railways. Incorporation of be so constructed under and subject to the provisions of Parts I., 11., c~l'tain Parts of Ill., IV., and VI. of "The Public 'Yorks Act, 1876," which said Parts, "The Public V\' orb toO'ether with the provisions of any Act amending the same, are here­ Act, 1876." by"incorporated with this Act. 3. '!'he Governor may from time to time, in the name and on Power to tbo Goyer­ nor to enter into behalf of Her Majesty, contract or enter into arrangements to the contracts for extent of the money which may be appropriated from time to time by construction of rail­ the General Assembly of New Zealand, with any person for the con- ways. No. 45. 420 VICTORllE. A.D. 1878. Railways Constl'uction. struction, extension, or maintenance of all or any portion of the rail­ ways mentioned in the First Schedule, and for that purpose may do or cause to be done any of the following things :- (1.) Cause such inquiries, reports, and surveys to be made, and such acts and proceedings to he done and taken, as may be necessary to determine the best line and direction of such railway: (2.) Take, purchase, or agree to purchase any land necessary or requisite for the construction or extension of any such railway. Provillll. Provided always that no contract shall be entered into for the construction of any railway, or any portion thereof, unless- (1.) In the case of each line to be constructed, plans and estimates shall he laid before the Governor in Council~ with a certificate from the Chief Engineer that the route chosen for the railway is the best available one: (2.) Such plans and estimates be approved by the Governor in Council: And it is hereby declared that, within thirty days after the commence­ ment of the then next session of Parliament, such plans and estimates shall be laid before both Houses of Parliament, together 'with a copy of any contract which may have been entered into in respect of the railway to which such plans and estimates refer. Governor may pur- 4. The Governor may purchase or agree to purchase or acquire chase Native lands. from the Natiye owners any lands deemed necessary for the construc­ tion or extension of any railway mentioned in the First Schedule; and every such purchase or acquisition, or agreement to purchase or acquire any such lands, shall be deemed to be a purchase or acquisi­ tion within the meaning of "The Government Native Land Purchases Act, 1877." Appropriation for 5. The cost of construction, extension, or maintenance of any of cost of l'8.ilways. the lines of railway mentioned in the First Schcdule hereto, or of the purchase or acquisition of any land required for the same, shall be defrayed out of such moneys at credit of the Public Works Fund as shall from time to time be appropriated in that behalf by the General Assembly. Cost of main line to 6. The construction of the branch line of railway mentioned in Shag Point to be de­ frayed by Shag Point the First Schedule as "Main Line to Shag Point" shall be contingent Coal Company. upon the cost thereof being defrayed by the "Shag Point Coal Com­ pany, Limited;" and such branch line, when constructed, shall be managed and worked upon such terms and conditions as shall be agreed upon by the Minister for Public Works and the said Company. Out of lands with- 7. Out of any Crown lands withdrawn from sale under the pro­ ~~~:: r;T~e st:nd visions of "The Land Act, 1877," the Governor may from time to Act, 1877," lands time set apart lands of special value for sale or disposal under the ofbe specialset apart value for may provisions of the said Act " but no such sale or disposal shall take sale, &c. place until after two months' notice thereof has been gazetted. ~{oneys to credit of 8. Notwithstanding anything contained in "The Ellesmere and Ellesmere and. For- Forsyth Reclamation and Akaroa l{ailwav Trust Act 1876" (hereinafter syth Reclamatu)n and. • .' • Akaroa. Railway called "the saId Act "), all moneys now standmg to the credIt of the Trust Account. trans- special account required to be kept by the sixteenth section of the said ferred to PublIc ..• Account. Act, or that may be standmg to the credIt of the PublIc Trustee for the purposes of the said Act, shall be and the same are hereby transferred to the Public Account. Proceeds of disposal 9. The whole proceeds of the sale or disposal of the fifty thou­ o~ 60,O?O nc.res men- sand acres of land mentioned in the said sixteenth section shall toO'ether tlOned lU sald Act to • . ' 0 be paid into Public WIth all moneys transferred under the last precedmg sectIOn, be paid .Account. into a separate account in the Public Account. 420 VICTORI£. No. 45. Railways Oonstruction. 10. The land described in the Second Schedule hereto shall be and Proceeds of disposal of land in the same is hereby declared to be Crown lands of special value open for Schedule to Secon~be paId sale or disposal as other Crown lands of special value may be sold or into Public A"c()unt. disposed of in the Land District of Canterbury, but the proceeds of such sale or disposal shall be paid into the separate account to be kept under the last preceding section. 11. fAll m. oneys. thratn.sf~rred, Pdaitd, or lrlecbeived l~ndd~r tthhe pro- ~a~~O:~~~OlleyS VISIons 0 sect Ions mg , nIne, an en sh a e app le ill e con- Account all aforesaid. struction and maintenance of a line of railway to Little Rjver, and thence to Akaroa, from the main line from Amberley to Waitaki, or from a branch of the said line; and the Oolonial Treasurer may from time to time cause all or any part of such moneys to be issued and applied accordingly. SCHEDULES. Schedules. FIRST SCHEDULE. Lines of Railway. NORTH ISLAND. Wellington to Foxton, by West Coast. Waitotara River to Upper Patea Crossing. Te Awamutu to New Plymouth. Masterton to Papatu via W oodvil1e. Waikato to the 'l'hames. Branch Line to Hamilton. Helensville to Kaukapakapa River. Whangarei to Ramo. MIDDLE ISLAND. Otago Central.-Dunedin to Albert Town, Lake Wanaka. Amberley to Brunnerton. Greymouth to Hokitika. Canterbury Interior Main Line.-Oxford to Temuka. Main Line to Upper Ashburton. Opawa Branch Extension. Waipahi to Heriot Burn. Edendale to Toitois. Otautau to Nightcaps. Clutha to Catlin's River. Waimea to Switzers. Lumsden to Mararoa. Palmerston to Waihemo. Oamaru to Livingston. Main Line to Shag Point. Amberley to Cook Strait. Line of Railway to Little River, and thence to Akaroa, from the main line from Am berley to Waitaki, or from a branch of the said line. SECOND SCHEDULE. ALL that area in the Provincial District of Canterbury, containing by admeasurement 72,000 acres, more or less, commencing at a point on the coast line, the same being the south-western side of the outlet of Lake Ellesmere; thence along the boundaries of Native Reserves 878, 889, and 806, Bridge'S Road, Sections 10462,9467, 8828,9189, 9157,8929,9600, 9174, and 12142, Reserves 684, 685, and 207, Sections 5879, 9584, 8180,9738,10764,10444,10875,9605,10788,10591, 9622, 10593, 10592, 17161,30479, 5173, 5174, 11328, 11258, 11160, 10883, 11158, 14312, 5618, and 6622, l~eserve 312, Sections 6622, 6823, 6824, 20610, 10057, 7357, 7354, 7713,17181,17182, 11087,7707, 6699,11603,12523,9512,7968, 11577, 5999, 4531, 4197,5551, Reserve 1908, Sections 5551, 10556, 5552, 10557, 5553, Reserve 1907, Sections 12367, 12388, 14122, and the road north thereof, ~ections 12342, 12330, 12344, 12588, 12739, 15592, 16464,8174, 20494, 25565,11165, 8308, 11166, 31239, 3319, 9643, 15403, Reserve 1107, Sections No. 45. 42° VICTORllE. Railways Construction. 15403, 14125, 15402,2439, 1069, 1879, 7482, 3898, 21229, I.P.Rs.
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